The SEC also named four Zirinsky relatives as "relief" defendants seeking disgorgement of ill-gotten gains.
The full "disgorgement" of past profits would bankrupt the industry but few expect that to happen.
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In its complaint, the CFTC sought injunctive relief, restitution, disgorgement of ill-gotten gains, and civil monetary penalties.
Judge David Sentelle wrote in his ruling that "disgorgement is not an available remedy" under the legislation.
My fearful prediction is that Apps will add time, distraction, disgust and disgorgement from the traditions of golf.
Moreover, divesting oneself of assets that would otherwise have been available to satisfy a disgorgement order has routinely been condemned by the courts.
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He went on, "even if disgorgement were available, the government's model fails the... test for permissible disgorgement that will 'prevent and restrain' future violations".
Femenia and his accomplices were charged with violations of federal securities laws, and the SEC is seeking injunctive relief, disgorgement of ill-gotten gains, and civil monetary penalties.
Thus, the SEC, in addition to administrative sanctions, has access to the civil courts to seek injunctive relief, disgorgement, and even civil fines, in addition to other ancillary equity-like relief.
Following four days of evidentiary hearings, on August 20, 2012, Douglas was once again found in civil contempt for failure to pay in full the disgorgement judgment entered in 1983.
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It can seek disgorgement of ill-gotten gains, federal court injunctions and cease-and desist orders against illegal securities conduct, and bars against working for broker-dealers, investment advisers, transfer agents, and municipal securities advisers.
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William Ohlemeyer said that to get the full "disgorgement" of profits under the Rico legislation, the government would have to prove that the conspiracy is still going on and that it will continue.
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The SEC charged Dardenwith a single violation of the Securities Exchange Act of 1934, and sought injunctive relief, disgorgement of all ill-gotten gains (with interest), civil monetary penalties, and any other appropriate relief.
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In its continuing litigation, the CFTC seeks a civil monetary penalty, restitution, disgorgement of ill-gotten gains, trading and registration bans, and preliminary and permanent injunctions against further violations of the federal commodities laws, as charged.
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As a result, the SEC informed the individual addressed in its notice that it may seek injunctive relief, a cease-and-desist order, administrative sanctions including a bar from association with an investment advisor, disgorgement of ill-gotten gains and civil penalties.
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Claimant further sought disgorgement and restitution.
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William Ohlemeyer said, when the case came to court last September, that to get the full "disgorgement" of profits under the Rico legislation, the government would have to prove that the conspiracy was still going on and that it would continue.
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